HC allows Dhinakaran's plea to cross-examine in FERA case

The Madras High Court today allowed AIADMK leader T T V Dhinakaran to cross examine a prosecution witness in a court here in connection with a FERA case against him.
The court allowed him to do so before August 31 in the FERA violation case against him in the Additional Metropolitan Magistrate (Economic Offences) Court, which framed charges against him on August 1.
Hearing Dhinakaran's plea, seeking a direction to the trial court to allow him to cross examine the prosecution witness, Justice M S Ramesh in his order granted time till August 31 for the purpose.
"It is made clear that no further time will be granted for cross examination. The petitioner shall personally appear before the court concerned on August 16 and after that shall ensure that the cross examination is completed on or before August 31," the judge said and made it clear that no further time will be granted.

In his petition, Dhinakaran submitted that after framing charges there has to be an adjournment and in his case it was not done.
Only on the next hearing can the accused be questioned of his stand in respect of cross-examination of prosecution witness. However it was not done, the petitioner claimed.

Alleging violation of relevant CrPC provisions, the petitioner said the magistrate questioned him on the same day when charges were framed, thereby "committing serious illegality".
The Additional Solicitor General, appearing for Enforcement Directorate (ED), said the current petition was only to protract the proceedings.
The Special Public Prosecutor, who conducts trial on behalf of the ED in the Economic Offences court and was assisting the ASG, submitted that the prosecution witness was very much available and could be cross-examined by Dhinakaran today itself.

However, the counsel for Dhinakaran submitted that his client may not be available for two days. The judge then allowed Dhinakaran to cross examine the prosecution witness before August 31.
It may be recalled that on August 1 Additional Chief Metropolitan Magistrate (EO Court) S Malarmathy framed charges against him in one of the FERA case against him.
The charges were framed after the Madras High Court vacated an interim stay on proceedings against Dhinakaran.
On July 24, the high court had set aside the charges framed against Dhinakaran by the economic offences court on April 19. It had then directed the trial court to re-do the process after granting adequate time to the accused to submit his objections and complete the trial within three months.